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Collective Bargaining › Arbitration Awards

Conn Maciel Carey LLP

Game Changer for Pension Withdrawal Liability: Seventh Circuit Orders Return of Withdrawal Liability Payments

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Last Friday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit reversed a district court’s decision upholding an arbitration award requiring an employer to pay more than $2.3 million in...more

Fox Rothschild LLP

Building and Construction Industry Exemption to Withdrawal Liability May Apply Narrowly

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A recent decision from the Southern District of New York reveals that courts may be inclined in some withdrawal liability cases to narrowly apply the building and construction industry exemption based on the nature and...more

Carlton Fields

New York Federal Court Reduces Arbitration Award in Labor Dispute by 25% Where Arbitrator Exceeds Scope of Authority

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This case arose out of a labor dispute between Charter Communications Inc., successor to Time Warner Cable, and International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 3, a labor organization that represents...more

Proskauer - Labor Relations Update

Overruling District Court, Second Circuit Affirms Individual Employees Are Bound By Arbitration Award Prosecuted By Their Union

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On July 29, 2020, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) handed down what amounts to a significant win for the collectively-bargained dispute-resolution process set forth in the...more

Carlton Fields

Ninth Circuit Affirms Ruling That Successor Is Bound to Collective Bargaining Agreement

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“Although a predecessor collective bargaining agreement does not automatically bind a ‘perfectly clear’ successor, it may if the employer expresses an intent to be bound.” Here, Vectrus Systems Corp. entered into an agreement...more

Snell & Wilmer

Under Construction - December 2016

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Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more

Foley & Lardner LLP

When Silence is Unambiguous...Has the Seventh Circuit Created Ambiguity Over Review of Arbitrators’ Decisions?

Foley & Lardner LLP on

United States Soccer Fed’n, Inc. v. United States Nat’l Soccer Team Players Ass’n, No. 15-3402, 2016 U.S. App. LEXIS 17339 (7th Cir. Sept. 22, 2016). The Seventh Circuit decided last month that an arbitrator exceeded his...more

Franczek P.C.

Illinois Supreme Court Vacates 2% Wage Increase for State Employees

Franczek P.C. on

Last week, the Illinois Supreme Court vacated an arbitration award requiring the State to pay a 2% wage increase to certain state employees who are represented by the American Federation of State, County and Municipal...more

Carlton Fields

Sixth Circuit Reverses Vacatur Of Award Stressing Limited Scope Of Permissible Judicial Review

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The district court had vacated an arbitration award that had reinstated a terminated hospital employee under a collective bargaining agreement. The district court based its ruling on its interpretation of the CBA, which it...more

Franczek P.C.

Deflategate for Labor Lawyers

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With the NFL season just beginning, and Tom Brady leading the New England Patriots to victory over the Steelers, we decided to provide you with a bit of football-inspired labor law. On September 3, 2015, Judge Robert Berman...more

Hinshaw & Culbertson LLP

In a Twist, Judge Overturns Arbitration Decision Suspending Tom Brady

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On September 3, Judge Richard Berman of Southern District of New York overturned the NFL's four-game suspension of New England Patriots’ quarterback Tom Brady. Besides being a dream come true for ESPN, the ruling is quite...more

Carlton Fields

LMRA Arbitration Award Upheld By The Third Circuit

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The Third Circuit affirmed an arbitration award under the Labor Management Relations Act (“LMRA”) as the decision reached by the arbitrator comported with the collective bargaining agreement (“CBA”) between the parties....more

Pullman & Comley - Labor, Employment and...

Texts, Lies and Footballs: Tom Brady, “Deflategate,” and What’s Next?

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Since we last discussed “Deflategate,” New England Patriots Quarterback Tom Brady appealed his four-game suspension resulting from the NFL’s finding that he had committed “conduct detrimental to the league,” based on 1) his...more

Hinshaw & Culbertson LLP

Arbitrator’s Award Given Preclusive Effect in Racial Discrimination Case

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In Wade v. Ports America Management Corp., the California Court of Appeal, Second Appellate District held that an arbitration award, pursuant to a collective bargaining agreement, had res judicata effect on a plaintiff’s...more

Franczek P.C.

Arbitrator’s Decision Reinstating Paraprofessional Accorded Significant Deference By Illinois Supreme Court

Franczek P.C. on

In Griggsville-Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board, the Illinois Supreme Court recently reaffirmed the significant deference given to arbitration awards arising out of...more

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